PublishedJanuary 7, 2002

Microsoft Rebuffed in Quest for Further Delay

Washington, DC- The Computer & Communications Industry Association (CCIA) sharply criticized today’s efforts by Microsoft to further delay the imposition of a remedy in the Government’s successful antitrust case against the company. After considering each of Microsoft’s arguments, District Judge Colleen Kollar-Kotelly found them without merit and rejected their request.

Two years ago, a Federal District Court found that Microsoft had committed massive antitrust violations, and the court’s decision was unanimously upheld by the U.S. Court of Appeals for the District of Columbia. The Court of Appeals returned the case to the District Court for further hearings on appropriate remedies for Microsoft’s Sherman Act violations, and the company argued today before Judge Kollar-Kotelly that the case, which has now been ongoing for more than five years, should be further delayed.

“Microsoft’s efforts to delay further these critical proceedings are outrageous,” said Ed Black, President and CEO of CCIA. “Having lost in court at every turn, Microsoft continues to employ the dilatory tactics that have been the most notable facet of its legal strategy.

“In seeking further delay,” Black continued, “Microsoft’s lawyers have put forward arguments that border on the absurd. Their principal contention seems to be that after several years of litigation, discovery, and testimony, they now need additional time to address the proposals set forth by the non-settling States. Apparently, in Microsoft’s skewed judgement they consider extreme any proposed remedy that is stronger than the meaningless settlement entered into by the Justice Department and Microsoft, which has met with near universal criticism from consumers, industry, and legal experts. It would also include any conduct remedies beyond the temporary stopgap measures that were designed to precede the Government’s original proposal to split the company into two separate entities.

“Obviously, Microsoft would like to continue to prey upon consumers and recover $1 billion in monopoly rents each month, unfettered by the restraints of antitrust laws,” said Black, “but unfortunately for them, every judge that has looked at this case has concluded that the antitrust laws do apply to this company and they have violated them repeatedly and egregiously. It is now time for Microsoft to confront the consequences of their unlawful activities, and justice requires that a remedy be implemented without further delay.”

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